Firoj Khan @ Firoz @ Sonu &Ors vs The State Nct Of Delhi & Anr
2019 Latest Caselaw 5127 Del

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 22.10.2019

+        CRL.M.C. 2688/2019
         FIROJ KHAN @ FIROZ @ SONU &ORS          ..... Petitioner
                      Through   Mr. Pankaj Tomar, Adv.

                            versus

         THE STATE NCT OF DELHI & ANR             ..... Respondent
                       Through  Mr. Izhar Ahmed, APP for State
                                Mr. Shahid Ali, Adv. for R-2
                                SI Arjun

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                            J U D G M E N T (ORAL)

CRL.M.A. 10756/2019

1. In view of the reasons stated in the present application, the delay in

filing the present petition is condoned. The application is allowed and

disposed of accordingly.

CRL.M.C. 2688/2019

2. Vide the present petition, the petitioners seek quashing of FIR No.

0194/2016 dated 14.04.2016 registered at Police Station Vivek Vihar

instituted for the offences punishable under Sections 498A/406/34 of the

IPC and consequent proceedings arising therefrom.

3. Notice issued.

4. Notice is accepted by learned APP for the State and counsel for the

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

5. The petitioner no.1 and respondent no.2 got married. Due to extreme

incompatibilities between the petitioner and respondent no.2, they started

living separately.

6. The petitioner and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide settlement

deed dated 21.01.2018 before the Mediation Centre, Karkardooma Courts

and settled all their disputes amicably.

7. The total settlement amount is ₹3,90,000/-(Rupees Three Lacs Ninety

Thousand only). It is submitted that the respondent no.2 has already received

an amount of ₹3 lakhs (Rupees Three Lacs). The balance amount of

₹90,000/- (Rupees Ninety Thousand) is handed over in cash to the

respondent no.2 today who is present in Court with her father namely

Saleem Ahmed.

8. The complainant is present in person with her counsel and has been

identified by SI Arjun of Police Station Vivek Vihar and submits that

matter has been settled and she does not wish to prosecute the matter any

further.

9. Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

10. For the reasons afore-recorded, FIR No. 0194/2016 dated 14.04.2016

registered at Police Station Vivek Vihar and consequent proceedings

emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

(SURESH KUMAR KAIT) JUDGE OCTOBER 22, 2019 ms